Heinrich Sening was 82 years old, but according to his son, Heinz had to arrive with 80-circuit. “He was at the end,” he says of the last years of his demented father, who was unable to move in bed and could not speak. A feeding tube kept him alive. A senseless cruelty, says his son, now before the Federal court of justice, on pain of money complains (case VI ZR 13/18). “He was not allowed to die,” argues Heinz Sening. A patients available.
Now the judge must decide: whether a person for Pain and suffering, because a doctor has extended his Suffering unnecessarily? “This has not happened before in the history of law,” says Senings lawyer Wolfgang Putz. With the death of the father, the son has inherited everything – including the claims: By the attending doctor he wants to set for at least 100,000 euros for Pain and suffering due to an “ongoing assault” and more than 52,000 euros in damages. So much should have cost since the beginning of 2010, treatment and care.
Lower court to voice son of 40.000 Euro
In medical principles for the dying it is said: “patients are still Dying, but according to medical knowledge, in all likelihood, in the foreseeable future will die, it is necessary to Change the objective of the Treatment, when life-support Suffering at the end of measures would extend or Change the treatment target to the will of the patient.”
In the lower court, the higher regional court of Munich had Sening therefore right and him € 40,000 for Pain and suffering awarded. The probe nutrition is served, at least in the last almost two years of pure life attitude, decided the judge at the time.
The doctor had been not required, the treatment self-cancel, – stated in the Judgments. He would, however, appeal to the supervisor, and with this very thoroughly have to discuss whether the 2006 placed feeding tube should stay or not. Because the son lives in the USA, supervised at that time, a lawyer for the dementia patients.
Both Sening and the doctor went in Revision, therefore, the Federal court now as the Supreme civil court.
“He wouldn’t have wanted”
What would have wanted Henry Sening itself, is unclear. A living will he had written never. “He was a very cheerful person, always said I’d like to be very old, 100 years old,” says his son, the sick self and the old nurse. “But he wouldn’t have wanted, because I’m pretty sure.”
The German Foundation patient protection advises anyone in a timely manner to cater for situations such as coma, organ failure or dementia precise treatment instructions to write down. “So self-determination is secured to the death,” says Executive Board Eugen Brysch. “We had not had a living will, the process is superfluous.” After his experiences in the Doctors to rethink. before come less and less frequently.
Lawyer, plaster is still the fact that there are thousands of cases such as the one currently negotiated. With a principle of judgment, he wants to force medical Standards. “Unfortunately, it is so that you can correct bad Doctors only on sanctions,” he says.
The lawyer is representing for years, mandates in legal dispute around the topic of euthanasia. In 2007, he advised a client to the probe tube your mother even cut, which was in the coma. The district court of Fulda sentenced him for attempted manslaughter – the Federal court of justice spoke to him, however. The patient had previously against an artificial diet. For the BGH’s not only justifying the termination of Treatment, but also an “active to Do”.
Exactly when the judgment falls, it is as yet unclear. It is possible that the court will decide already today or in the coming weeks.